If the offense in question is a felony, you may not file a petition for an order of nondisclosure until the fifth anniversary after your dismissal and discharge. If the offense is a misdemeanor under Chapter 20, 21, 22, 25, 42, or 46 of the Texas Penal Code, your wait is shorter.
Texas Law. State law prohibiting consumer reporting agencies from reporting "a record of arrest, indictment, or conviction of a crime" that is more than seven years old. There are exceptions to this general prohibition, including situations where a potential employee's salary will be more than $75,000 a year.
What Offenses are Not Eligible for a Nondisclosure in Texas? Aggravated Kidnapping. Any family violence offense or any case in which there was an affirmative finding of family violence. . Human trafficking. Injury to a Child. Injury to the Elderly. Injury to the Disabled. Abandoning a Child.
For other misdemeanor and felony convictions, this period is 2-5 years after the sentence completion date. After this waiting period, obtaining a nondisclosure order in Texas usually takes between four and nine months.
Applying and Obtaining an Expunction The first step in gaining an expunction is to file a Petition for Expunction with the district court requesting that the court grant an Order for Expunction. A basic form for both the Petition for Expunction and Order for Expunction are included at the end of this pamphlet.
For other misdemeanor and felony convictions, this period is 2-5 years after the sentence completion date. After this waiting period, obtaining a nondisclosure order in Texas usually takes between four and nine months.
Absolutely. Texas businesses can and should continue to protect their interests through legally compliant nonsolicitation and nondisclosure agreements. The key is ensuring that these agreements are drafted to meet legal standards for reasonableness and necessity.